(1.) HEARD learned Advocate for the petitioner finally at admission stage.
(2.) BEING aggrieved by the order passed below Exhibit 16 in Special Summary Suit No.18 of 2000, by 8th Joint CJSD Pune whereby the application for leave to defend filed by the defendants was partly allowed and permission to defend was granted subject to defendant depositing the amount of Rs.6,50,000.00 in the Court within three months from the date of the order, the original defendants filed the present writ petition.
(3.) FROM the perusal of the record it is very clear that plaintiff filed the suit in question alleging that the defendant No.1 is a building contractor through whom he entered into the transaction regarding property situated at Shikshak Nagar, Kothrud with one Shashank Wagh, plaintiff had decided to construct bungalow in Mahatma Society out of the sale proceeds received from the property at Shikshak Nagar. The Defendant No.1 had promised plaintiff that he would secure plot at Shikshak Nagar and would carry out the construction on the same. Relying on the word of defendant No.1 the plaintiff gave some amount to him in August 1995. Besides this, Shashikant Wagh also paid an amount of Rs.3,25,000.00 to defendant No.1 as per the say of the plaintiff. Thereafter, defendant No.1 showed one plot out of Mahatma Society to plaintiff but did not hand over necessary papers for the same, nor he took any further action. When plaintiff made query the defendant No.1 started to give evasive answers. The plaintiff therefore asked the defendant No.1 to return the amount paid to him. The defendant No.1, therefore, issued in all three cheques dated 26.10.1998 for the total amount of Rs.6,50,000.00. However, when the cheques were deposited in bank, the same were dishonoured. The plaintiff issued notice to defendant but the defendant did not accept the same. Plaintiff, therefore filed criminal case No.4827 of 1998 against the defendant No.1 in the Court of JMFC, Pune under Section 138 of the Negotiable Instruments Act. The defendant No.1 was convicted and sentenced for one year and directed to pay fine of Rs.5000.00.